AN ACT to amend and reenact §56-1-1a of the Code of West Virginia,
1931, as amended, relating to venue in civil actions;
codifying certain portions of the common law doctrine of forum
non conveniens; and required judicial considerations.

Be it enacted by the Legislature of West Virginia:
That §56-1-1a of the Code of West Virginia, 1931, as amended,
be amended and reenacted, to read as follows:
ARTICLE 1. VENUE.
§ 56-1-1a. Forum non conveniens.
(a) In any civil action if a court of this state, upon a
timely written motion of a party, finds that in the interest of
justice and for the convenience of the parties a claim or action
would be more properly heard in a forum outside this state, the
court shall decline to exercise jurisdiction under the doctrine of
forum non conveniens and shall stay or dismiss the claim or action, or dismiss any plaintiff: Provided, That the plaintiff's choice of
a forum is entitled to great deference, but this preference may be
diminished when the plaintiff is a nonresident and the cause of
action did not arise in this state. In determining whether to
grant a motion to stay or dismiss an action, or dismiss any
plaintiff under the doctrine of forum non conveniens, the court
shall consider:
(1) Whether an alternate forum exists in which the claim or
action may be tried;
(2) Whether maintenance of the claim or action in the courts
of this state would work a substantial injustice to the moving
party;
(3) Whether the alternate forum, as a result of the submission
of the parties or otherwise, can exercise jurisdiction over all the
defendants properly joined to the plaintiff's claim;
(4) The state in which the plaintiff(s) reside;
(5) The state in which the cause of action accrued;
(6) Whether the balance of the private interests of the
parties and the public interest of the state predominate in favor
of the claim or action being brought in an alternate forum, which
shall include consideration of the extent to which an injury or
death resulted from acts or omissions that occurred in this state.
Factors relevant to the private interests of the parties include,
but are not limited to, the relative ease of access to sources of proof; availability of compulsory process for attendance of
unwilling witnesses; the cost of obtaining attendance of willing
witnesses; possibility of a view of the premises, if a view would
be appropriate to the action; and all other practical problems that
make trial of a case easy, expeditious and inexpensive. Factors
relevant to the public interest of the state include, but are not
limited to, the administrative difficulties flowing from court
congestion; the interest in having localized controversies decided
within the state; the avoidance of unnecessary problems in conflict
of laws, or in the application of foreign law; and the unfairness
of burdening citizens in an unrelated forum with jury duty;
(7) Whether not granting the stay or dismissal would result in
unreasonable duplication or proliferation of litigation; and
(8) Whether the alternate forum provides a remedy.
(b) A motion pursuant to subsection (a) of this section is
timely if it is filed either concurrently or prior to the filing of
either a motion pursuant to Rule twelve of the West Virginia Rules
of Civil Procedure or a responsive pleading to the first complaint
that gives rise to the grounds for such a motion: Provided, That
a court may, for good cause shown, extend the period for the filing
of such a motion.
(c) If the statute of limitations in the alternative forum
expires while the claim is pending in a court of this state, the
court shall grant a dismissal under this section only if each defendant waives the right to assert a statute of limitation
defense in the alternative forum. The court may further condition
a dismissal under this section to allow for the reinstatement of
the same cause of action in the same forum in the event a suit on
the same cause of action or on any cause of action arising out of
the same transaction or occurrence is commenced in an appropriate
alternative forum within sixty days after the dismissal under this
section and such alternative forum declines jurisdiction.
(d) In actions filed pursuant to Rule twenty-three of the West
Virginia Rules of Civil Procedure the provisions of this section
shall apply only to the class representative(s).
(e) A court that grants a motion to stay or dismiss an action
pursuant to this section shall set forth specific findings of fact
and conclusions of law.